Can i sue a company that went out of business

Asked over 1 year ago - Lowell, MA

i had pics done at a famous portrait studio that went out of business prior to delivery my pictures can i sue them or are they protected by bankruptcy

Additional information

the company was sears portrait studio which says its out of business, but they are owned by CPI corporation which i understand declared babkruptcy
I ENDED UP RECIEVING MY PICTURES AFTER ALL BECAUSE THEY HAD ALREADY BEEN PRINTED AND SHIPPED BEFORE THEY WENT OUT OF BUSINESS AND WERE ALREADY EN ROUTE TO THE STORE WHEN THEY WENT OUT OF BUSINESS

Attorney answers (4)

  1. Christopher McHallam

    Contributor Level 9

    8

    Lawyers agree

    Answered . Going out of business and bankruptcy are two different things. If they have simply closed the business, you may sue them. Whether or not any award you may receive will be collectible is another question, and it bears investigating whether the is any hope of recovery before filing a suit. If, however, the business has filed for bankruptcy protection in the US Bankruptcy court, it is likely futile to bring a suit in state court against the business. I recommend consulting with counsel if your loss is substantial, if it is a few hundred dollars, you may be out of luck.

  2. Herbert Warren Cooper IV

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . If the goal is to get your pictures, it might be worth Googling to see if anyone took over their operations. Typically, the assets may still have value, including a customer list, work in progress, and in this case, the pictures already taken. While you might have to pay extra, if the pictures are important, it might make sense to dig around a little to see if anyone has the "originals."

  3. R. Russell O'Rourke

    Contributor Level 13

    3

    Lawyers agree

    Answered . If they filed for bankruptcy, you need to pursue any claim in the bankruptcy matter. If they haven't filed for bankruptcy, then you can still sue the company, the problem is that if they are out of business they may not have any assets to use to satisfy your losses. Did you pay with a credit card? Call the number on your credit card statement about disputing charges. They will probably reverse the charge.

    If you do need to sue the company , you may be able to do it yourself in small claims court in the jurisdiction where the company was located.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law... more
  4. Henry Lebensbaum

    Contributor Level 20

    Answered . If in bankruptcy? No unless allowed by the court



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